Polygamy ruling

Polygamy long has been a taboo subject in Utah. Its history here and its contributions to denial of statehood for many years, coupled by a dramatic change in policy by The Church of Jesus Christ of Latter-day Saints in the 1890s, make it a sore subject for many people.

The resurgence in curiosity about polygamy can be traced to TV shows such as the fictional cable show "Big Love" and the TLC reality show "Sister Wives." It is the latter that has changed Utah's legal code, at least for now.

The Brown family sued the state, citing that its bigamy law's clause about cohabitation was unconstitutional based on First Amendment protections. U.S. District Judge Clark Waddoups recently ruled in the Browns' favor. To be clear, the ruling doesn't throw out all of the state's bigamy laws, just the clause that prohibits cohabitation. While the state would be within its right to appeal the decision, we urge the state to let the ruling stand.

Polygamy in and of itself is a decision made between consenting adults. How a man and two, three or more women choose to live their lives shouldn't be of any concern to others as long as the lifestyle these people have chosen don't infringe on the rights and protections of others.

Don't confuse polygamy with the abuses that have taken place under the leadership of Warren Jeffs in the Fundamentalist Church of Jesus Christ of Latter Day Saints, a sect based in the border towns of Hildale, Utah, and Colorado City, Ariz. Marriage of underage girls and abuse of public assistance programs are crimes that can and should be prosecuted to the fullest extent of the law. Nobody should be allowed to collect welfare and other assistance for which they are not entitled. And there is absolutely no excuse for anyone to abuse a child, especially related to sex.

But to lump all polygamists into the same bucket as Jeffs and his ardent followers is not fair. Nor does it live up to the ideals of civil liberties for which so many people have fought and died.

One of the biggest challenges in prosecuting the real crimes of child abuse and fraud is that so few people will cooperate with authorities during investigations. One reason for that lack of cooperation is a fear of being arrested because of a person being a practicing polygamist. This ruling removes the reason for such a fear, so law enforcement officers may be able to dig in and actually stop some of the aforementioned practices that are against the law.

Another reason for lack of cooperation is intimidation by FLDS leaders - mainly Jeffs, despite him being behind bars. Regrettably, this ruling does little to remove that obstacle.

The beneficial part of this ruling is that it puts prosecution where it belongs - on the people who actually harm others, not people simply practicing their religion based on mutually agreeable terms settled between adults.